Common use of Purchase of Products Clause in Contracts

Purchase of Products. a. Subject to the General Xxxxx, Supplier agrees to sell and Xxxxx agrees to buy the Products that Xxxxx describes in the Purchase Orders Buyer issues from time to time. b. A Purchase Order will become binding upon acceptance by Supplier. Each Purchase Order is deemed to be accepted by Supplier upon the first of the following to occur: (i) Supplier accepts it in writing; (ii) Supplier begins performance under the Purchase Order; or (iii) the passage of five business days after Supplier’s receipt of a Purchase Order without written notice to Buyer that Supplier does not accept. c. Buyer may provide Supplier a forecast of anticipated Product purchases. Except as the Parties otherwise agree, all forecasts are non-binding on Buyer and Buyer may purchase in excess of the quantities specified in a forecast. Supplier must immediately notify Buyer of any anticipated inability to satisfy a forecast. d. Supplier will accept all Purchase Orders that are consistent with the forecast (if provided) for the applicable Product. e. Supplier agrees to obtain and clearly reference Supplier’s Purchase Order number on Supplier’s invoice for Products under that Purchase Order. Buyer may consider invalid any invoice that does not contain a correct Purchase Order number. f. In the event of a Force Majeure or shortage in materials, Supplier will fulfill Purchase Orders no less favorably than any other customer of Supplier. Supplier will provide Buyer with as much notice as possible if it anticipates or has reason to believe that Supplier's output of the Product will not be sufficient to meet all of Buyer's requirements for any period.

Appears in 5 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

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Purchase of Products. a. Subject (a) Except to the General Xxxxxextent otherwise agreed upon in writing, Supplier agrees the terms set forth herein shall govern the sale and delivery of the equipment described on the reverse side hereof (“Products”) by Sikla USA, Inc. (“Seller”) and purchased by the purchaser named on the reverse side hereof (“Purchaser”). (b) All dealings between the parties shall be in writing and no order of Purchaser shall be binding on Seller until approved in writing by Seller or until Seller has delivered the Products. (c) Orders made by Purchaser via Email will be processed by Seller. Seller does not confirm the accuracy and shall not be liable for the accuracy of an Email password. (d) Prices of Products are subject to sell change without notice, and Xxxxx agrees all references in sales brochures, technical data sheets and offers as to buy size, weight, and other details of the Products that Xxxxx describes are approximate only. No such term shall be binding on Seller unless expressly incorporated in a purchase order which is approved and accepted by Seller in accordance with the Purchase Orders Buyer issues from time to timeterms hereof. b. A Purchase Order will (e) Except as provided in subsection (e) of this Section 1, a purchase contract hereunder shall become effective upon the mailing of a written acceptance of Purchaser’s order by Seller. (f) If the terms stated in Purchaser’s order are not acceptable to Seller, Seller may amend, delete or alter such terms and submit a counter-offer incorporating such amendments, deletions or alterations to Purchaser, it being understood and agreed that such counter-offer shall be deemed accepted by Purchaser and shall become binding upon acceptance by Supplier. Each Purchase Order is deemed on the parties if and in case Seller does not receive notice to be accepted by Supplier upon the first of the following to occur: contrary from Purchaser within five (i5) Supplier accepts it in writing; (ii) Supplier begins performance under the Purchase Order; or (iii) the passage of five business days after Supplier’s receipt of a Purchase Order without written notice Seller has sent such counter-offer to Buyer that Supplier does not acceptPurchaser. c. Buyer may provide Supplier a forecast of anticipated Product purchases. Except as the Parties otherwise agree, all forecasts are non-binding on Buyer and Buyer may purchase in excess of the quantities specified in a forecast. Supplier must immediately notify Buyer (g) Purchaser acknowledges that Seller’s acceptance of any anticipated inability purchase order is dependent on Seller’s prior approval of Purchaser’s credit. Purchaser agrees that Seller may demand assurances of Purchaser’s ability to satisfy a forecastpay by requesting such trade or banking references or such other information as deemed adequate by Seller. d. Supplier will accept all Purchase Orders that are consistent with the forecast (if provided) for the applicable Product. e. Supplier agrees to obtain and clearly reference Supplier’s Purchase Order number on Supplier’s invoice for Products under that Purchase Order. Buyer may consider invalid any invoice that does not contain a correct Purchase Order number. f. In the event of a Force Majeure or shortage in materials, Supplier will fulfill Purchase Orders no less favorably than any other customer of Supplier. Supplier will provide Buyer with as much notice as possible if it anticipates or has reason to believe that Supplier's output of the Product will not be sufficient to meet all of Buyer's requirements for any period.

Appears in 1 contract

Samples: Purchase Agreement

Purchase of Products. a. Subject (a) Except to the General Xxxxxextent otherwise agreed upon in writing, Supplier agrees the terms set forth herein shall govern the sale and delivery of the printed circuit boards described on the reverse side hereof (“Products”) by MOS Electronic GmbH (“Seller”) and purchased by the purchaser named on the reverse side hereof (“Purchaser”). (b) All dealings between the parties shall be in writing and no order of Purchaser shall be binding on Seller until approved in writing by Seller. (c) Prices of Products are subject to sell change without notice, and Xxxxx agrees all references in sales brochures, technical data sheets and offers as to buy performance and specifications and other details of the Products that Xxxxx describes are approximate only. No such term shall be binding on Seller unless expressly incorporated in a purchase order which is approved and accepted by Seller in accordance with the Purchase Orders Buyer issues from time to timeterms hereof. b. A Purchase Order will (d) Except as provided in subsection (e) of this Section 1, a purchase contract hereunder shall become effective upon the mailing of a written acceptance of EE Purchaser’s order by Seller. (e) If the terms stated in Purchaser’s order are not acceptable to Seller, Seller may amend, delete or alter such terms and submit a counter-offer incorporating such amendments, deletions or alterations to Purchaser, it being understood and agreed that such counter-offer shall be deemed accepted by Purchaser and shall become binding upon acceptance by Supplier. Each Purchase Order is deemed on the parties if and in case Seller does not receive notice to be accepted by Supplier upon the first of the following to occur: contrary from Purchaser within ten (i10) Supplier accepts it in writing; (ii) Supplier begins performance under the Purchase Order; or (iii) the passage of five business days after Supplier’s receipt of a Purchase Order without written notice Seller has sent such counter-offer to Buyer that Supplier does not acceptPurchaser. c. Buyer may provide Supplier a forecast of anticipated Product purchases. Except as the Parties otherwise agree, all forecasts are non-binding on Buyer and Buyer may purchase in excess of the quantities specified in a forecast. Supplier must immediately notify Buyer (f) Purchaser acknowledges that Seller’s acceptance of any anticipated inability purchase order is dependent on Seller’s prior approval of Purchaser’s credit. Purchaser agrees that Seller may demand assurances of Purchaser’s ability to satisfy a forecastpay by requesting such trade or banking references or such other information as deemed adequate by Seller. d. Supplier will accept all Purchase Orders that are consistent with the forecast (if provided) for the applicable Product. e. Supplier agrees to obtain and clearly reference Supplier’s Purchase Order number on Supplier’s invoice for Products under that Purchase Order. Buyer may consider invalid any invoice that does not contain a correct Purchase Order number. f. In the event of a Force Majeure or shortage in materials, Supplier will fulfill Purchase Orders no less favorably than any other customer of Supplier. Supplier will provide Buyer with as much notice as possible if it anticipates or has reason to believe that Supplier's output of the Product will not be sufficient to meet all of Buyer's requirements for any period.

Appears in 1 contract

Samples: Purchase Agreement

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Purchase of Products. a. (a) Subject to the General XxxxxTerms, Supplier agrees to sell sell, and Xxxxx Coherent A&D agrees to buy buy, the Products that Xxxxx Coherent A&D describes in the Purchase Orders Buyer Coherent A&D issues from time to time. b. (b) A Purchase Order will become binding upon acceptance by Supplier. Each Purchase Order is deemed to be accepted by Supplier upon the first of the following to occur: (i) Supplier accepts it in writing; , (ii) Supplier begins performance under the Purchase Order; , or (iii) the passage of five (5) business days after SupplierCoherent A&D’s receipt issuance of a Purchase Order without written notice to Buyer Coherent A&D that Supplier does not accept. c. Buyer (c) Coherent A&D may provide Supplier a forecast of anticipated Product purchases. Except as the Parties otherwise agreeagree in writing, all forecasts are non-binding on Buyer Coherent A&D and Buyer Coherent A&D may purchase in excess of the quantities specified in a forecast. Supplier must immediately notify Buyer Coherent A&D of any anticipated inability to satisfy a forecast. d. (d) Supplier will accept all Purchase Orders that are consistent with the forecast (if provided) for the applicable Product. e. (e) Supplier agrees to obtain and clearly reference Supplier’s Purchase Order number on Supplier’s invoice for Products under that Purchase Order. Buyer Coherent A&D may consider invalid any invoice that does not contain a correct Purchase Order number. f. (f) In the event of a Force Majeure or shortage in materials, Supplier will fulfill Purchase Orders no less favorably than any other customer of Supplier. Supplier will provide Buyer Coherent A&D with as much notice as possible if it anticipates or has reason to believe that Supplier's output of the Product will not be sufficient to meet all of BuyerCoherent A&D's requirements for any period.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

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